Powell to Dunn & Hubbard

The State of Texas, County of Leon.
"This agreement made this the 21
day of January 1914 by and between I. M. POWELL & wife Mary Jane POWELL,
of the County of Leon and State of Texas, Lessor and J. C. DUNN and G.
W. HUBBARD of the County of Freestone State of Texas, Lessee,
Witnesseth: 1st, That the Lessor for and in consideration of the sum of
One Dollars to us in hand paid receipt of which is hereby acknowledged
we hereby demise, lease and grant unto said Lessee his
heirs and assigns, all the oil, gas and other mineral in and under the
following described tract of land: and the exclusive right to prospect
and operate thereon for oil, gas and other mineral, together with the
right of way, right to lay pipe lines over, to use water, wood, gas and
oil to operate said property, taken from said premises, to erect
derricks, to build tanks, and to place all necessary machinery or
structure on said premises and to remove all property at any time that
may be placed on said land during the term of this Lease. 2nd, Said
tract of land being situated in the B. F. WHITAKER Survey in Leon
County, Texas and bounded and described as follows, to wit: All that
certain tract or parcel of land being in Leon County, Texas it being 90
acres convey[ed] to us by J. C. BARKER 29 Dec., 1888 and recorded in
Deed of Records in Leon County in Vol. H pages
97 - 98 more particular described as the North part of the original 156
acre tract known better as my Homestead tract and containing 90 acres
more or less. To have and to hold the same to the Lessee his heirs and
assigns, for a term of ten years from the date hereof, and as much
longer thereafter as oil, gas or other mineral is produced in paying
quantities thereon, or until said Lessee is satisfied that oil, gas or
other minerals in paying quantities cannot be found or produced from
said premises. 3rd, Said Lessee hereby agrees to commence operation
within 6 mos. hereof, and the said well is to be located on the said
tract of land or on one of the adjoining original surveys the location
of said well to be determined by an expert, said location and beginning
operation on the said location shall constitute a commencement as
mentioned in this contract. 4th, If the Lessee fails to commence
operation within the specified time, this Lease shall become null and
void, unless the said Lessee shall give written notice to the Lessor of
his intentions to keep alive this Contract and shall pay said Lessor for
such extension of time the sum of $900.00 Dollars per year, said
payments to be made to the Lessor or deposited to his credit in the 1st
Nat'l. Bank of Normangee Texas. 5th, And it is further agreed that the
Lessee, in the consideration of the Lease shall deliver free of cost to
the Lessor in the pipe lines or tanks one eighth of all the oil or other
minerals, produced, saved and sold from the above described premises,
and in case the Lessee fails to find oil or other minerals in paying
quantities, but should develop a good supply of water at the option of
the Lessor said well may become the property of the Lessor by paying the
Lessee the cost of all the necessary casing and screens to complete the
said water well. 6th, It is hereby agreed that the said Lessee shall
have the right to terminate this contract at any time after being
satisfied that oil or other minerals cannot be produced in paying
quantities, by giving ten days notice in writing, and Lessee is hereby
authorized to sell sublet or assign the whole or any fractional part of
this Lease, at any time during the term of this Lease, This is a Lease
for purposes and of property above described. In Witness Whereof the
said parties have here unto set their hands and seal the day and year
first above written.
Signed: I. M. POWELL (seal) and M. J. (her x mark) POWELL (seal).....
Certification: State of Texas, County of Leon. "Before me, Jno. H.
CONNELL, a Notary Public on this day personally appeared I. M. POWELL
known to me to be the person whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for the
purposes and consideration therein expressed. Given under my hand and
seal of office, this 21 day of January A. D. 1914."
Signed Jno. H. CONNELL, Notary Public, Leon County, Texas (seal).....
Certification: State of Texas, County of Leon. "Before me, Jno. H.
CONNELL, a Notary Public in and for Leon County, Texas, on this day
personally appeared M. J. POWELL, wife of I. M. POWELL, known to me to
be the person whose name is subscribed to the foregoing instrument, and
having been examined by me privily and apart from her husband, and
having the same by me fully explained to her, she, the said M. J. POWELL
acknowledged such instrument to be her act and deed, and declared that
she had willing signed the same for the purposes and consideration
therein expressed, and that she did not wish to retract it. Given under
my hand and seal of office, this 21st day of January A. D. 1914."
Signed: Jno. H. CONNELL, Notary Public, Leon County, Texas (seal).....
Filed for record on the 26th day of January A. D. 1915, at 5 o'clock P.
M., and duly recorded this the 27th day of January A. D. 1914 at 12
o'clock P.M.
Signed: B. T. GRESHAM, County Clerk By B. C. COLEY, Deputy.
*Note: 1.) Deed Vol. H, pgs. #97 - #98 contains description of
original 1856 State of Texas land patent of which a portion (156 acres)
was purchased by J. C. BARKER then sold to Isaac 1888 Dec. 29; 2.)
Description of the original 156 acres probably contained in 1920 deed by
Isaac's heirs to R. L. GILBERT